Who Pays Who???

[Cathie123]

What is the name of your state?What is the name of your state?NJ
I have a question regarding a recent settlement for a slip and fall.
Because of an accident, I had incurred several medical bills, most of which were paid through my insurance company; however, one which was for a physical therapy facility that, even with my insurance payments, still had an outstanding balance of approx. $1,000.
When I retained the attorney in question, I had submitted to him all of the paper work, and included this bill which he had advised that he would send them a letter to advise them of the case and to have them cease sending me harassing bills.
After all was said and done and the lawyer had received a settlement for me, he had advised that everyone was taken care of and sent me my portion of what was left after all of the pay outs (very little, believe me). Now, 1 month later, I receive a letter from this same attorney advising me that he is now getting this bill which he said he "thought" was taken care of, and is now advising me to take care of it! I also received a letter from the rehab advising that if I do not make this payment by December 31st they will proceed with a collection agent. When I called the lawyer to see what the story was, he gave me some weird story and told ME to call the rehab and ask them to resubmit this bill to the insurnace company. The insurance company has paid the rehab what they are going to pay them and that is all there is to it, I called them and was advised of this.
I believe that this bill was to be a part of the settlement and should have been considered when a settlement amount was reached. My attorney led me to believe the same.
Please, someone, advise as to what I should do now. I don't have this kind of money to pay out, especially this time of year! Who holds responsibility to this? Please, please advise.

Originally Posted by Cathie123

....Now, 1 month later, I receive a letter from this same attorney advising me that he is now getting this bill which he said he "thought" was taken care of, and is now advising me to take care of it!...

What made the attorney think this?

How much (dollar amount) did you receive from this settlement?

Did you sign something saying that the claim was settled in full and that you had no more claim against the defendants? If you did, then this bill is yours.

But I would have a frank, but polite, discussion with that lawyer first. Go to his office and be nice but firm.

[Cathie123]

Thank you Senior Judge for your speedy reply. To answer your questions:

1 - I am under the impression that the lawyer became aware of his mistake after the fact, and tried to cover it up by indicating that he "thought" it was taken care of. He could not state that he was never aware of the bill since it was his office that had me sign a physician's lien letter, and his signature is on it as well.

2 - The case settled for a ridiculously low amount of $12,000, which out of that amount, I had to pay back my insurance company over $4,000. The 1st lawyer who I fired had his hand out for $1,500. This crook took $2,500. The rest of which came to me and that I now use to cover my continuing medical expenses.

3- And yes, I did sign documentation clearing the other insurance company. But only since my attorney advised me that everything was paid for and taken care of. Please believe me, if I had know that this was still outstanding, I would have made an issue of it.

I had made contact with this attorney, and he told me to call the rehab and tell them to re-submit the bill back to my insurance company. At the same token, the rehab had called his office and s/w him, and he told them to contact me. Does it seem like he's just brushing this off his desk? I'm not trying to get something for nothing, I agree that the rehab is due payment. However I just think that they should have been considered during the deliberations with the other insurance company. I would not have been in a rehab if it was not for the negligence of the other company.
Do you think I should try to persue asking the attorney to contact the rehab and try to get to a figure that I would be able to pay? And that call should be the attorney and not myself? Please advise.

I would certainly be having a very frank talk with this attorney (in person).

My personal (not legal) opinion is that he should pay it. We all make mistakes, but had I been in his position, I would've had you initial every single bill as being paid.

[Cathie123]

Thank you again Senior Judge for your advise. I will make it a point to get to the attorney's office immediately.